Is a pensioner a dependent if he receives a pension?

What must be done to receive payments?

In order for the supplement to be paid by government agencies, you must submit a package of documents for payments for dependents to the pensioner. The calculation also takes into account the regional coefficient, if it was used when setting the pension. Unable to work citizens are considered:

children, sisters or brothers, grandchildren who have not reached the age of majority;
loved ones who care for elderly relatives (and therefore cannot work);
old age pensioners;
persons who receive payments for the execution of a lifelong maintenance agreement;
disabled people;
a pensioner is also paid for a dependent full-time student, if the student is not older than 23 years.

The concept of “dependent” does not require confirmation only in relation to persons under the age of majority. All others will be recognized as dependents if their full support by the breadwinner is confirmed.

https://www.youtube.com/watch?v=TIjSaTOltx8

There must be reasons to receive additional payments. The law describes the circumstances against which the fact of dependent spouse is established:

He has a disability (that is, the person is disabled or has reached retirement age).
Constant financial assistance is required. That is, the spouse constantly receives livelihood from the second spouse (pensioner), which is his main source of income.

Pension Fund employees must submit documents regarding the income of both spouses. You also need a certificate from the management company about cohabitation; documents that directly or indirectly indicate that one spouse is dependent on the other.

After examining the submitted documentation, Pension Fund employees make a positive or negative decision - to recognize the fact of dependency or not.

A situation where one of the spouses has no income at all is rare. For example, if he has a disability or is retired, then there is some kind of security. Therefore, in most cases, it is necessary to establish the dependence of a spouse who has some income, but at the same time prove that it is much less than that of the second.

It is assumed that in such a situation a person clearly cannot ensure his own existence. But this is the position of the Pension Fund of Russia, while the courts have a slightly different opinion.

What is dependency and legal nuances

A dependent is a person who is dependent on a third party.

Most often, such citizens are talked about when certain difficulties arise with their citizen who provides for them.

For example, dependents are entitled to certain benefits or payments.

Who is a legal dependent?
What is dependency
The fact of being dependent

Who is a legal dependent?

The law states that a dependent is a disabled person who cannot support himself and must receive material or financial support from others.

All persons falling into this category have certain rights and obligations outlined in the law.

This is discussed in the articles:

No. 179 of the Labor Code: when reducing jobs, employees with more than 2 dependents have an advantage over others.
No. 1148 of the Civil Code: dependents have the right to a share in the inheritance of the deceased if the latter supported them for more than a year.
No. 264 of the Code of Civil Procedure: being dependent is one of the types of legal fact.
No. 9 Federal Law: in the event of the loss of a breadwinner, dependents have the right to receive a labor pension.

In other words, upon the loss of a citizen, thanks to whom they lived, dependents have the right to assistance from the state. The citizen himself has an advantage over his colleagues in case of layoffs, since several people depend on his salary.

Please note: dependents may not only be supported by a third party: they may be helped by the state or organizations: for example, they include pensioners, students receiving a scholarship. Represents the full maintenance and provision of a disabled citizen with money or other material support

USEFUL INFORMATION: Can a child live with his grandmother?

It represents the full maintenance and provision of a disabled citizen with money or other material support.

These include:

Disabled people of certain groups who cannot work.
Minor children.
Parents who are retired and earn less than the subsistence level.
Minor grandchildren, if their grandparents provide for them.
A spouse who does housework, but only if he has not gone on maternity leave.
A full-time student, since he does not have the opportunity to get a job until he graduates from university.

It is worth noting: able-bodied but temporarily unemployed people are not dependents.

Despite the fact that some people can switch to self-support (for example, a full-time student can get an evening job, and a pensioner or disabled person can go to a feasible job), the state still protects all people who are dependent on other people.

The fact of being dependent

Since dependency involves voluntary assistance, citizens do not have any certificates or other evidence of their dependence.

Consequently, when a problematic situation arises (for example, when there is a threat of layoffs or the death of the breadwinner), they need to somehow prove their financial dependence.

This can be done through the court - the following can be used as evidence:

Certificate of disability or pension.
An extract from the house register about cohabitation.
An account statement confirming the regular transfer of funds to the dependent’s account and the repayment of his loan.
Personal correspondence proving the fact of the content, testimony.

The judge may also issue his own list of accepted evidence.

It is important to remember that the ability to earn income does not exclude the possibility of being dependent. For example, if a pensioner finds a part-time job, this does not prevent him from receiving money from his son and being a dependent with all privileges

Good to know: dependency of a minor child does not require proof, as it is obvious.

In Russia, the word “Dezhivenets” or “Dezhivenka” is often used as a dirty word, although this is incorrect. It means any citizen who does not have his own independent income. His financial support is provided by a third party - a relative or an outsider, who has some advantages.

Who can be considered dependents?

The dependent pension supplement is a beneficial social benefit provided to persons supported by relatives. But there are certain age restrictions for this program.

Brothers and sisters who meet the age requirements established by law can also be considered dependents. Age restrictions do not apply to disabled people who received a disability category before the age of 18. Payment to a pensioner for a dependent is made to pensioners if the person under care does not have legal parents who are able to work.

Thus, at the state level, dependents include the following categories:

children under the age of majority;
brothers and sisters (under 18 years old);
minor grandchildren;
students and students under 23 years of age;
disabled people;
pensioners;
citizens with whom a preliminary “rent agreement” has been drawn up under special conditions.

In what cases are additional payments due?

An increased fixed payment is due to citizens who receive an insurance (labor) pension for old age or disability and have disabled family members (children, grandchildren, brothers, sisters) in their care. At the same time, a pensioner can receive an additional payment to the pension for brothers, sisters or grandchildren only if they do not have able-bodied parents.

Dependents must belong to one of the categories listed in paragraph 3 of Art. 17 of Law No. 400-FZ of December 28, 2013:

Children, brothers, sisters and grandchildren under 18 years of age.
The same dependents over 18 years of age:
organizations located abroad that provide training in accordance with international treaties with the Russian Federation.
regardless of age - provided that before reaching 18 years of age they received a disability (that is, disabled since childhood).
Parents, spouses, grandparents, if they are disabled or have reached the established retirement age (subject to transitional provisions).

It is worth noting that several pensioners can receive an additional payment for the same dependent (for example, for a child student under 23 years of age, an additional payment is assigned to both pensioner parents).

Additional financial payments are pension payments due to an increase in the insurance part, which is accrued in accordance with the established amount. If there are several dependent children or elderly parents, then payments will be assigned for each.

Working pensioners are also entitled to receive additional payments. Recalculation of the amount of payment for a dependent to a working pensioner is done every year as of August 1st.

Elderly citizens who are not disabled, have not reached the age of eighty and have dependents to support them, must contact the pension fund to calculate allowances. In this case, the amount for one disabled citizen is 5844.79 rubles, for two the amount is 7305.98 rubles, for three or more - 8767.18 rubles. If a citizen is over 80 years old, then the payments will be as follows:

if there is one dependent – 10,228.38 rubles;
two – 11689.58 rubles;
three - 13150.77 rub.

Conditions for inheritance by disabled dependents

A dependent is a person who is fully and for a long time provided with the means of subsistence by another person.
In Russia, a person who does not have the opportunity to work independently can be considered a dependent, that is, a citizen who has not lost his ability to work, but has lost his job, cannot be classified in this category. Most often, this status is given to disabled people.

There are two types of dependents:

provided by the state (children in orphanages, pensioners);
those in the care of individuals (minors supported by their parents).

If the disabled person is not related to the testator, but has been a dependent for at least 12 months, he can inherit at least 50% of what he would have been legally entitled to.

In this case, the heir has the right to an obligatory share even if all the property was bequeathed.

In the absence of other applicants, the disabled citizen is recognized as the heir of the eighth stage.

The main conditions of inheritance are the following:

living with the testator in the same territory for at least a year;
disability of a citizen (due to his age, disability or other circumstances). In this case, a temporarily unemployed person cannot be recognized as a dependent;
the beneficiary being fully provided for by the deceased.

Dependents who have lost their ability to work can become independent claimants. This can be done on the basis of the absence of heirs of previous queues.

This can only be done if the heir is not a relative of the deceased, but lived on his territory and was fully supported by him.

To receive an inheritance, a dependent must prove the fact of his disability. Who is a disabled citizen during inheritance? This status has:

citizens under the age of 16;
persons studying in schools or secondary specialized educational institutions and who have not reached the age of majority;
persons under 23 years of age who study in secondary specialized and higher educational institutions in a full-time program;
non-working persons receiving a pension;
disabled people of the first and second groups, as well as disabled people of the third group who are deprived of the ability to work.

Disabled dependents are citizens who are fully supported by other persons (for example, relatives). When inheriting this category of persons, disputes often arise, many of which can only be resolved in court.

The laws of the Russian Federation have no concept of who is a dependent. This is why many people try to find out who is a dependent. Although the law does not define a specific concept of dependents, you can easily analyze all these laws, the constitution, as well as the judicial practice of our country. With the help of such an analysis it is possible to formulate an approximate definition.

First of all, we can simply mention that a dependent is a person who, due to some problems, is a disabled family member who is unable to support himself independently.

Firstly, you can turn to the judicial practice of the Russian Federation. Following all the court proceedings, we can conclude that these citizens include the following circle of people:

Minor children who are directly and completely dependent on their legal representative (or parent). Moreover, they are supported entirely financially at their expense.
Brothers and sisters who have not reached the age of majority (18 years).
Grandchildren who have also not reached the age of majority.
You can also call dependents all the people who were described above and are studying full-time. Moreover, these people will be dependents until they complete their studies.
Any type of disabled person.
Pensioners. This includes all men and women who have reached their retirement age (60 years for men and 55 years for women).
All persons who are supported by a life annuity contract.

If a dependent loses the person who is his breadwinner, the court assigns him a special benefit, which he will receive every month. The amount of this benefit is calculated by a special formula, which was formulated years earlier and specified in the pension laws of Russia.

Within the framework of the civil code in force on the territory of the Russian Federation, mandatory certification of dependency may be required for the following inheritance legal relations:

The fact that a citizen is a dependent and is considered an heir by law. According to the rules of Article 1147 of the Civil Code of the Russian Federation, establishing the fact of dependence of a citizen included in the circle of heirs may be due to the following circumstances: a) the dependent must be disabled precisely at the time of the death of the breadwinner; b) the dependent must be disabled and in the care of the testator for at least a year before the death of the breadwinner. In this case, any family relationship between the disabled citizen and the breadwinner has no significance in the case.
The fact that a citizen is a dependent, provided that he is not included in the circle of heirs. In this case, the law interprets an additional rule according to which the following necessary circumstances arise for a disabled citizen: a) the fact of the dependent’s incapacity for work must be established by the day the breadwinner’s inheritance is opened; b) the fact that a citizen is dependent on the testator must exist at least one year before the death of the breadwinner; c) it is necessary to verify the fact of cohabitation between a disabled citizen and a person who has established him as a dependent.

As is the case with the correct definition of a dependent, the laws do not provide any definite interpretation of how long a disabled citizen will be dependent on the breadwinner.

In this case, practice in all regions of the Russian Federation differs radically, and therefore it is impossible to make an accurate statement about the period of dependence of a disabled Russian citizen.

05.05.2018

2. In adulthood, loss of ability to work is possible, as a result of which a citizen loses the opportunity to earn his own living. Depending on the severity of the injury or illness, the inability to perform work may be temporary or permanent.

There are no separate laws and regulations dedicated to dependents. However, this term is mentioned in various legislative documents. These designations are used in civil legislation in the rules concerning the grounds for the emergence of benefits for citizens in connection with inheritance or receipt of state support.

Minor children, due to their age, are completely financially dependent on their parents or legal guardians.
Brothers and sisters of an adult who have not reached 18 years of age.
Minor grandchildren.
All categories of citizens described above if they have chosen full-time vocational education. They will retain this characteristic until they receive their diploma.
Disabled people of all groups.
Retired dependents. These are women over 55 years of age and men over 60 years of age.
All persons who are supported by a life annuity.

We recommend reading: How to register a child in a municipal apartment

Disabled people. In this case, the disability group does not play a role.
Minor children. It should be noted that children have an advantage over other categories of persons. This is expressed in the fact that they do not need to establish the fact of being a dependent.
Minors studying full-time are considered dependents until they reach the age of 23.
One of the spouses raising a child. Moreover, maternity leave does not apply here. The employee, in this case, receives benefits.
Persons who have reached retirement age.
Pensioners, if the amount of their pension is less than the minimum subsistence level established by law, are also dependents who are in the care of their children.

We invite you to read: Is a banking operation a transaction?
According to Art. 179 of the Labor Code of the Russian Federation, dependents are disabled family members who are fully supported by the employee or receive assistance from him, which serves as their permanent and main source of livelihood. The presence of dependents gives a preferential right to remain at work when the number or staff of employees is reduced.

If minor children are dependent on their disabled parents, they are entitled to certain support from the state. For example, compensation for half of the cost of utility bills.

This calculation takes into account the volume of resources consumed by the devices and depending on the standards established by the local government.

They are also given a 50% discount on the cost of resources spent on maintaining common property in apartment buildings.

In addition to establishing the fact of dependency itself, Article 267 of the Civil Procedure Code also regulates the establishment of the reason why a citizen claims the status of “dependent”. Article No. 267 of the Civil Code of the Russian Federation is of particular importance due to the fact that the various purposes for which a citizen applies for this status are characterized by a number of features.

We recommend reading: What documents are needed when buying an apartment?

The current legislation defines the concept of “dependency” in paragraph 3 of Art. 9 Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”, according to which family members are recognized as dependent on the breadwinner if they were fully supported by him or received assistance from him, which was constant and main source of livelihood.

The Civil Code of the Republic of Kazakhstan of July 1, 1999 named the disabled dependents of the testator as heirs of the sixth stage (Article 1066 of the Civil Code of the Republic of Kazakhstan). In Art. 1171 Civil Code of the Republic of Tajikistan dated February 11, 2005

What does the law say about payments to mothers of many children?

If you have the status of a mother of many children, federal bonuses in our country are not currently paid. In this case, payments are assigned at the regional level in accordance with the laws of the constituent entities of the Russian Federation.

If a woman has five or more children, she may be granted a pension at fifty years of age. Payment of allowances for the maintenance of a dependent is terminated if the circumstances that served as the basis for their accrual have disappeared:

coming of age;
graduation from university (or expulsion);
reaching the age of 23.

Special allowance for military pensioners

State support for military personnel who are unemployed and whose dependents are disabled persons who meet the established age is carried out according to a special calculation. The supplement due to the state for dependents living with the pensioner is assigned according to the following criteria:

if a pensioner has one dependent, the size component of the supplement is set at 32% of the total calculated amount of the accrued military pension;
if there are two dependents in care, the total increase will be 64% of the total calculated pension amount;
If there are 3 or more dependent persons, a military pensioner is entitled to a 100% pension supplement.

Payments for a dependent to a pensioner amount to 1657.68 rubles, since the total estimated amount of the military pension established by the state in 2021 is 5180.24 rubles.

The state provides a certain “limit” on the number of dependent persons. The maximum number of persons for whom the dependent pension supplement is provided is 3 people. If a pensioner has more dependents under his care, additional allowances are not provided and are calculated based on three people.

Supplement to pension payments

To receive a dependent payment, a pensioner must contact the Pension Fund with a package of documents. The specialist will make a decision after analyzing the following documents:

application (separately for a child up to the age of majority and for a dependent from 18 to 23 years of age);
a copy of the birth certificate;
a copy of the work record book, certified by a notary;
a certificate stating that the other spouse does not receive payments, and the children are not accrued social benefits;
information from the tax office that you are not an individual entrepreneur;
any document confirming that the child lives with you;
a certificate from the educational organization where the dependent is studying, with reference to the date of enrollment and date of completion of training.

If one of the spouses, who has the other spouse as a dependent, applies for the bonus, then he provides to the Russian Pension Fund:

marriage registration certificate;
a certificate from the house management about joint residence or a copy of the house register;
a copy of your spouse's passport;
work book;
SNILS;
a certificate of income if one of the spouses works.

Supplement to pension for dependent in 2021

To establish an increased amount of the basic part of the pension, a citizen must contact the Pension Fund with an application for recalculation of the pension amount, in which he must note the reason for the recalculation - the presence (or increase in the number) of disabled family members who are dependent on the pensioner.

The following documents must be additionally attached to the application:

Confirming the relationship between the pensioner and the dependent (for example, a child’s birth certificate).
Confirming that the child is dependent on the pensioner, for example:
documents on expenses incurred in favor of the dependent (for food, accommodation, etc.);
certificates of income of family members.

If it is impossible to provide the listed documents to confirm the fact that a family member is a dependent, this fact can be established through testimony (for example, other relatives, neighbors) or in court.

The application with the attached set of documents will be considered by the Pension Fund, and if a positive decision is made on the application, then an additional payment to the pension will be assigned from the 1st day of the month following the submission of the application. In this case, funds will be paid until the child reaches 18 years of age. If the additional payment is refused, a written notification will be received from the Pension Fund.

An accrued supplement to the pension provision for the maintenance of dependent persons can be made for all categories:

the state supplement to the dependent pension is provided for pensioners receiving a fixed old-age pension, as well as for disability;
Dependent payments to pensioners are due to all persons on social security;
a special category of payments for dependents is provided to all former military personnel who have received social pensions through the security forces or the Pension Fund of Russia;

In order to receive additional benefits to a pensioner for a dependent of a pensioner and other categories of persons under care, the pensioner must prepare a package of documents established at the state level:

a special application of the established form, filled out according to the form;
a certificate from the pension fund confirming that the applicant has no previously issued payments in this category;
The standard document for identification is a Russian passport;
a confirming certificate from the guardianship service (if the dependent under the care of the pensioner is a person under 14 years of age);
standard certificate of family composition;
Original extract from the house register or place of residence;
SNILS;
marriage certificate (if a person married to the applicant is considered a dependent).

The documentation is reviewed as standard within 10 working days - within the specified time a positive response or refusal is received, which pension fund employees are required to provide within 5 days.

If you find an error, please highlight a piece of text and press Ctrl Enter.

The procedure for the formation of pension payments and the amount of the supplement are established in the legal provisions of Federal Law No. 400. In accordance with the law, persons who have dependent disabled relatives have the right to submit documents for additional benefits. This condition is stated in Article No. 17, paragraph No. 3.

Supplements to pensions for dependents are due for the following categories of citizens receiving state benefits:

an increase for a disabled family member if the pensioner receives long-service benefits;
if the citizen is on social security;
former military personnel who served in the security forces of Russia and the Pension Fund of the Russian Federation.

To receive increased payments to the fixed insurance part, a citizen must visit the Pension Fund branch. The application indicates the request for recalculation of the amount of subsidies and the reason. The basis for the supplement is the presence of a child of incapacitated age, including if his parents are disabled.

The following documentation is attached to the application:

Papers indicating the relationship of a citizen with a dependent child - a certificate of childbearing.
Certificates confirming the fact of dependency:
a document on family composition drawn up by the management company or the chairman of the HOA;
checks, receipts and other papers containing expenses accrued in favor of the child - food, tuition, etc.;
information about income.

If the pensioner does not have the opportunity to provide the listed documentation, then the involvement of witnesses is allowed. These include relatives, friends, relatives or neighbors who can confirm the fact of a family connection. Otherwise, the citizen must go to court.

Russian legislation establishes cases in which pensioners who have dependents in their care have the right to receive additional payments. The procedure is carried out by increasing the basic rate in the amount of 1/3 for each incapacitated citizen. There is also a limit on the number of disabled persons - 3 people.

For your information: if a pensioner has work experience in the Far North, then state financial support for dependents can be increased to 2,491 rubles. 39 kop. To do this, it is necessary to meet an additional condition - the work experience for women must be at least 15 years, for men - 20.

For 2021, the established subsidy for pension contributions amounted to 4982 rubles. 90 kopecks - the maximum value depended on the region of residence of the citizen. This norm is established in Federal Law No. 420 of December 28, 17 (Article No. 4).

Presumably, rates will increase for 2021, but will also depend on the number of dependents the pensioner has. Approximately, payments towards the insurance portion will be:

1 child - 1660 rub. 97 kopecks;
two children - 3321 rub. 93 kopecks;
three disabled persons - 100% premium.

Article 4 of the Federal Law of December 28, 2021 No. 420-FZ

In cases where, after reaching adulthood, children continue to receive full-time education, the citizen is obliged to visit the Pension Fund of Russia and submit documents confirming this fact. In addition, evidence of family ties will be required.

The certificate of completion of training must contain:

personal information of the student child - full name, birth data, information from the passport;
name of the university or other educational institution;
indication of the form of education - additional payments are made if the education is completed full-time;
education program;
information about enrollment (date, no.);
date of issue of the certificate;
signature of the approving person with initials deciphered;
seal of the organization, including corner stamp.

The procedure for assigning a pension supplement is carried out from the month following the date of the submitted application. When a citizen has been given three months to correct errors and prepare additional documents, the date of application will also be considered the date of application. In all other situations, the process is initiated again.

Who is considered a dependent by law?

- a handwritten application addressed to the head of the public education institution of the Central Federal District (for the allowance for dependent(s) under 18 years of age - sample in Appendix 1; if there are dependents from 18 to 23 years old - sample in Appendix 2); - certificates from the Office of the Pension Fund of the Russian Federation at the place of residence stating that neither the pensioner, nor the spouse, nor the children are recipients of a social or labor pension (when applying for an allowance for the past, neither the pensioner nor the spouse), no children were recipients of a social or labor pension in the period from the date of assignment of the bonus to the date of issue of the certificates); — a certificate from the dependent’s place of study indicating the date of enrollment, form of study and expected date of graduation from the educational institution (when applying for an allowance for adult dependents (from 18 to 23 years of age) studying full-time at the educational institution); – information about the status of the individual personal account of the insured person from the Office of the Pension Fund of the Russian Federation at the place of residence (provided when applying for an allowance for the past); – certificates from the place of residence of the dependent and the pensioner about the composition of the family and a statement from the second parent that the child is dependent on the pensioner (provided that the pensioner and the dependent are registered at different addresses); – certificates from the place of residence of the dependent and pensioner about family composition and a copy of the court order (resolution) on withholding alimony from the pensioner in favor of the dependent (provided that the pensioner and dependent are registered at different addresses); – certificates from the place of residence of the dependent and pensioner about the composition of the family and a court decision recognizing a fact that has legal force – the child is dependent on the pensioner; – certificates from the place of residence of the dependent and pensioner on family composition and the conclusion of the Commission of the Ministry of Internal Affairs of Russia for the Kirov Region on resolving issues related to the provision of pensions for pensioners of the Ministry of Internal Affairs and citizens of the Russian Federation on recognizing the child as a dependent of the pensioner (for the Commission to consider the issue of dependency, it is necessary to provide: additional a certificate from the dependent’s place of study confirming receipt (not receipt) of a scholarship; statement from the second parent that the child is dependent on the pensioner). - certificates from the place of study of children indicating: the beginning and end of education (date, month, year), form of education - full-time (2 times annually - in March and September). Copies of documents can be certified by a notary, either by employees of departments for working with personnel of internal affairs bodies at the place of residence, or at a personal reception at the Pension Services Department of the Central Federal District. On the occurrence of circumstances for the early termination of the payment of the allowance for dependents (employment, or acquisition of individual entrepreneur status by a pensioner; expulsion of an adult dependent from an educational institution; enlistment of a dependent in the army (“on conscription”); admission of a dependent to a military educational institution; marriage of a dependent ; transition of a dependent from full-time to part-time study; assignment of a pension to a dependent; documentary evidence of the dependent’s care for a disabled 80-year-old citizen or a disabled person of group 1; death of a dependent) must be reported to the OPO of the Central Federal District as soon as possible.

According to our laws, the legal meaning of the word changes slightly; able-bodied unemployed members of society are not considered dependents. Russian legislation defines a dependent as a disabled person; part of this category of people are disabled people. This is not necessarily due to his disability; his age may also play a role. Age groups include children and pensioners.

What must be done to receive payments?

When it is necessary to extend the period for calculating payments for a dependent, the pensioner must provide 4 documents:

a certificate from the tax office;
information about family composition;
certificate from an educational institution;
a copy of the work book, certified by a notary.

The supplement intended for pensioners who have dependents who are unable to work is paid in addition to the old-age pension. As a rule, consideration of documents occurs within five days if all relevant documents are provided. The list of documents to be provided can be clarified during an individual consultation with a pension fund specialist, even if it concerns payments for dependents to pensioners of the Ministry of Internal Affairs, the penitentiary system or military pensioners.

Registration procedure

To receive an additional payment to the pension for dependents, the amounts of the insurance portion are subject to recalculation. The procedure is initiated based on the submitted documentation. During the calculation process, employees of the institution take into account the current regional coefficients used to calculate benefit payments.

Registration of an additional subsidy requires the citizen to provide the following documents:

identification document;
pension insurance certificate;
birth certificate or adoption/guardianship certificate;
papers indicating the right to receive additional subsidies (agreement with the university, certificate of full-time education, etc.).

Accrual procedure

The exact amount of the bonus to be paid is calculated only by pension fund specialists. Calculations in this case are carried out in accordance with the provisions of the law on pensions (Federal Law No. 400 of 2016).

First, the amount of the insurance portion is determined. In order to do this, it is necessary to divide the amount currently in the individual account by 228 months (the waiting period for labor payments). Then the amount of basic payments (a fixed amount from insurance payments) should be added to this value.

It is calculated based on certain indicators: the age of the applicant and the number of disabled citizens who are in his care. When spouses apply for payments, the required additional payments are accrued to the one with the larger income. In order to extend payments for disabled children, you should contact the Pension Fund every year in September, having a certificate from the educational organization in hand. Additionally, you may also need to have an extract from your personal account and a certificate stating that the children do not receive any social or other payments.

Inheritance rights of disabled dependents

Historically, the meaning of the word “dependent” has had a negative connotation. According to the explanatory dictionary, dependency is the desire to live at the expense of other people. In everyday life you can hear many unpleasant synonyms for this concept.

Employee's wife: one of the parents or spouse or grandfather, grandmother, regardless of age and ability to work, as well as a brother, sister or child who has reached the age of eighteen years, if they are caring for children, brothers, sisters or grandchildren under fourteen years of age, and do not work - in essence, he is a dependent, although he is not caring for a joint child. It's right?

Russian legislation to the question “Who are dependents?” answers like this: disabled persons, mostly with a certain disability group. Let us note that a simply unemployed but able-bodied person cannot belong to this category.

Article 264 of the Code of Civil Procedure of the Russian Federation directly provides for one of the types of legal facts - the fact of being a dependent, on which the emergence, change, termination of personal or property rights of citizens depends.

The mere fact of being a dependent is not subject to any registration. There are 2 main categories of people in need of financial support.

Dependents of the state and individual individuals are distinguished.

This article also defines a dependent person. According to the law, this is a relative who cannot work and receives constant financial support from a working person. The assistance of an able-bodied citizen should be the main source of material support for the dependent.

This term is also enshrined in jurisprudence, but has a slightly different interpretation. The main emphasis here is on human disability. We will discuss this issue in more detail later. Now let’s understand the next concept - what does it mean to be dependent?

The word “dependent” is often applied to citizens who live on other people’s means. Many consider it offensive and associate it with the concept of “lazy” or “freeloader”. However, being a dependent has nothing to do with people who do not want to work and deliberately live at the expense of others. The concept is widely used in legal practice.

The right to an insurance pension in the event of the loss of a breadwinner is available to disabled family members of the deceased breadwinner who were dependent on him (with the exception of persons who committed a criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in paragraph 2 of part 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner.

These include certificates of joint residence with a parent, documents on the income of the child and parents, and for children living separately from their parents, additional documents confirming that the help of a parent applying for an increase in pension was the main or primary source of livelihood for the child (for example, agreement on payment of tuition by the parent, documents on payment of accommodation, etc.

), - a certificate from the educational institution about the start date and duration of study, the form of study with a mandatory reference to the number and date of the order for the educational institution. Receipt of a mandatory share in the inheritance. A dependent can receive an inheritance after the death of a citizen who provides him financially. Among other things, rules are formed on the basis of which disability can be issued for people with disabilities.

Based on references to dependency in the legislative acts of the Russian Federation, it can be determined that a dependent is a citizen who does not have the ability to provide for himself financially, and therefore receives material support from another person or the state. Able-bodied unemployed citizens cannot be dependent.

In the civil legislation of the Russian Federation there is no single clear formulation of the meaning of “dependent”, however, this concept is found in the Civil Code of the Russian Federation, the Labor Code of the Russian Federation and in other legislative acts.

It is also permissible to provide funds in the amount of 50% of the total level of expenses for payment for cold and hot water supply, heating and electricity, which are consumed in maintaining common property as part of multi-apartment housing construction.

In the Civil Code of the Russian Federation, dependents are mentioned in several articles

Much attention is paid to the possibilities of needy persons to inherit property after the death of the breadwinner. In st.

1148 establishes that persons who are dependent on the testator for at least a year have the right to receive a share in the inheritance.

The following article describes that dependents are entitled to a mandatory share of the inheritance, regardless of the contents of the will.

Dependents are divided into two main areas: persons who are included in the group due to age or due to their poor health. Dependents can be in the status of dependents of the state and a specific person. The antonym of the word “dependent” is the phrase “working (able-bodied) population.”

Bankruptcy lawyer Bankruptcy of individuals: how to recognize. Documents How to request documents through the court Request documents through the court by motion Drawing up an agreement correctly - general structure and rules Drawing up a statement of claim to the court show all topics. Compensation through the court How to collect money for legal services in court Collect a debt under a writ of execution from an individual Collect a debt under a writ of execution from a legal entity Collect compensation for damage caused by a hurricane show all topics.

It is believed that people with disabilities need material support. However, a wide range of citizens are included in the category of those in need of support.

We invite you to familiarize yourself with: Everything that distinguishes a contract from a paid provision of services, as well as from other types of agreements

In your case, you need to go to court with a claim to evict the defendant, since by virtue of clause 7 of Art. 28 of the Law on Bankruptcy of individuals are recognized as equal upon termination of guardianship for the right to use residential premises.

There are 2 main categories of people in need of financial support. Dependents of the state and individual individuals are distinguished. Dependents of the first category:

orphans;
pensioners;
students receiving financial support from the state;
disabled citizens who are in specialized government institutions on full state support.

It is not advisable to make fake 2-NDFL certificates based on acquaintance. The bank verifies income by reconciling with receipts in Pension Fund accounts (insurance premiums).

The laws of a number of countries define a dependent as a person “who is on long-term or permanent material or monetary support from others.”

Russian legislation to the question “Who are dependents?” answers like this: disabled persons, mostly with a certain disability group. Let us note that a simply unemployed but able-bodied person cannot in any way belong to this category. As for the rights of dependents, they can be expanded in the field of pension provision - for the loss of a breadwinner.

They die after living no more than a year. If they are not put in places not so remote. Also, it seems, with rations, only social. Already in the zone, at least they are fed. Examples are also in the neighborhood. And the question is not in education.

The material was prepared on the basis of individual written consultation provided as part of the Legal Consulting service.

Social security for pensioners is regulated by the federal laws of the Russian Federation, which, as of 2021, establish the following standards:

the amount of monthly financial support for persons who have received insurance payments cannot be lower than the established minimum subsistence level for a pensioner;
when indexing pensions, the amount of established individual pension supplements is revised towards increasing the amounts payable;
the assignment of a regional allowance is regulated by the regulations of the relevant regional units.

The worker has a mother and father who are old-age pensioners and live in another city. They have no other income other than a pension.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

The Family Code does not provide direct reference to dependents. However, this legal document establishes the rights and obligations of citizens in relation to disabled relatives. In particular, the obligations of parents to provide financially for their children are established. In Art. 89 states that the spouse must financially support the other half in the event of her loss of ability to work.

In the Russian Labor Code, the concept of “dependents” is mentioned in Art. 179. The article describes the employee’s preferential rights to retain his job. It is established that if there are 2 or more persons on the payroll, an employee has a better chance of maintaining a job than a citizen who does not have disabled persons on the payroll.

Position 1. Adult child students are recognized Letter of the Ministry of Finance of Russia dated January 13, 2005 N 03-03-01-04/1/7 The Financial Department explains that non-working adult student children studying full-time at an educational institution and not reaching age 23 years.